History of slavery in California

Slavery in California existed among the native peoples of that region long before the arrival of the first European colonists. However, the arrival of the Spanish colonists—participants in the Atlantic slave trade and owners of both Indian and African slaves—introduced such concepts as chattel slavery and involuntary servitude to the area. Anglo settlers from the Eastern United States who followed took up similar habits. Many slaves were a part of the California Gold Rush (1848–1855), and some bought freedom or freedom for their families with with the gold they found. [http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/01/27/BAG8ANQ1OG1.DTL]

There were a number of Gold Rushers of African ancestry, probably less than 4,000Another estimate is 2,500 forty-niners of African ancestry. Rawls, James, J. and Orsi, Richard (eds.) (1999), p. 5.] One of the miners was an African American Edmond Edward Wysinger (1816-1891). After arriving in the Northern mine area of the California Mother Lodein 1849, Wysinger with a group of 100 or more African American miners, were surface mining in and around Morman, Mokelumne Hill at Placerville and Grass Valley. [Delilah L. Beasley, "The Negro Trail Blazers of California", 1919, pp. 105 & 183 (Has been reprinted in 1997 and 2004).]

Slavery under Mexican rule

Mexico, which inherited much of the Southwest upon independence from Spain in 1821, passed a law which abolished slavery within Mexican territory. This law was intended by its proponents as a counter-measure against the settlement of Anglos, who used slave labor in their Texas cotton plantations. However, the law was rarely enforced in most Mexican territories, including California.

lavery under U.S. rule

With the 1847 defeat of Mexico. California and other Mexican territories were ceded to U.S. rule (the Mexican Cession) under the terms of the Treaty of Guadalupe Hidalgo, which ended the Mexican-American War

However, at the time, the 26-state nation was divided equally between 13 free states and 13 slave states. With the addition of vast new, agriculturally-rich territories, including California, to the growing transcontinental hegemony, the debate over slavery intensified dramatically. California itself was divided over the issue, as a great deal of slave-owning Southerners had travelled to California to seek their fortunes in the 1849 Gold Rush, and many brought their slaves.

In October 1849, the first California Constitution was held. One of the most heated debates of the Convention was on the status of slavery in the new state. [ [http://digital.lib.csus.edu/cgi-bin/showfile.exe?CISOROOT=/curr&CISOPTR=243&filename=244.PDF#search=%221849%22 Califorinia Constitutional Convention 1849] ] While Southerners who had come to California were staunchly in favor of giving official sanction to slavery in California, Northern abolitionists and Anglo-American miners (who did not want competition from the slave-holders in the gold fields) were well-represented within the ranks of the convention. The chairman of the convention, William Gwin, was himself a slaveholder from Tennessee. Gwin, however, was much more interested in gaining control of the California Democratic Party than he was in favoring either side of the debate. To the later chagrin of his fellow Southern members of Congress, he did not write the institution of slavery into the 1849 Constitution. By the end of 1849, California was admitted to the Union as a free state. Gwin and war hero/abolitionist John C. Frémont became California's first Senators.

California entered the Union as a free state, but the framers of the state constitution wrote into law the systematic denial of suffrage and other civil rights to non-white citizens. Some authorities went so far as to attempt to deny entry of all African-Americans, free and slave, from entering California. The Legislature passed a bill that would ban the immigration of free blacks to California. State Senator David C. Broderick, a fierce opponent of slavery and former firefighter from San Francisco, managed to kill the bill through parliamentary maneuver.

Slavery did persist in California even without legal authority. Some slaveowners simply refused to notify their slaves of the prohibition, and continued to trade slaves within the state. Numerous state trials ruled in the favor of emancipation.

*In 1849, a white man lost a case against a black man who was accused of both being a slave and being in debt to the accuser. At the time, California was not under U.S. rule, and Mexican law, which prohibited slavery, was used in the case. This resulted in the legal precedent of the official non-acknowledgement of slavery in California.
*In 1851, a fugitive slave named Frank was recaptured by his owner in San Francisco; Frank then sued the owner in court. The judge ruled in favor of Frank because the slave had taken his freedom in California and didn't cross state lines in the process, thus ruling the application of the Fugitive Slave Law, which was passed in Congress the previous year, invalid in this case. Furthermore, a California law passed in 1850 had ruled the testimony of non-whites in court inadmissible; hence, even though Frank had admitted to being the owner's slave, the case had proceeded in his favor because his own admission was invalid.
*In 1852, a state fugitive slave law was passed in Sacramento, but and was unsuccessfully challenged in the Perkins escapee case. However, when the law had lapsed in 1855, the Legislature failed in renewing it, and the Mitchell case in San Jose resulted in freedom for Mitchell, a runaway slave.
*In 1858, in one of the most protracted cases over the state-level status of slavery, Archy Lee, a slave who had run away from his owner, Mississippi native Terry Stovall, was arrested four times as his fate - as a slave bound for return to Mississippi with his master, or continued residence in California as a free man - was decided in a flip-flop manner by some three local judges and a United States Commissioner. Archy won the case through the support of the local freed black community in San Francisco, but eventually fled to Canada, where he died, to avoid further legal reprisals by his former owner. [ [http://digital.lib.csus.edu/cdm4/results.php?CISOROOT=%2Fcurr&CISOOP1=all&CISORESTMP=%2Fcdm4%2Fresults.php&CISOVIEWTMP=%2Fcdm4%2Fitem_viewer.php&CISOMODE=thumb&CISOGRID=thumbnail%2CA%2C1%3Btitle%2CA%2C1%3Bdate%2CA%2C0%3Btype%2CA%2C0%3Bnone%2CA%2C0%3B20%3Btitle%2Cnone%2Cnone%2Cnone%2Cnone&CISOBIB=title%2CA%2C1%2CN%3Btype%2CA%2C0%2CN%3Bdate%2CA%2C0%2CN%3Bpropos%2CA%2C0%2CN%3Bnone%2CA%2C0%2CN%3B20%3Btitle%2Cnone%2Cnone%2Cnone%2Cnone&CISOTHUMB=20+%284x5%29%3Btitle%2Cdate%2Ctype%2Cnone%2Cnone&CISOTITLE=20%3Btitle%2Cnone%2Cnone%2Cnone%2Cnone&CISOHIERA=20%3Bcatalo%2Ctitle%2Cnone%2Cnone%2Cnone&CISOSUPPRESS=0&CISOPARM=%2Fcurr+%3Atype%3ANewspaper+Article&x=11&y=21&CISOSTART=1,1 Archy Lee's historical documents] ]

A backlash against these legal wins for the free black community in California whipped up in the State government; the Chinese Exclusion Act was also being debated at that time. Fearful of the hostile maneuvers against them, many freed African-Americans fled California for the Fraser Canyon Gold Rush in Canada.

Slavery was abolished in all states under the Thirteenth Amendment to the United States Constitution on January 31, 1865, and slavery in California dissipated.

References

External links

* [http://digital.lib.csus.edu/curr/ California's Underground Railroad]
* [http://digital.lib.csus.edu/cgi-bin/showfile.exe?CISOROOT=/curr&CISOPTR=249&filename=250.PDF Negro Civil Rights in California, 1850]
* [http://www.inn-california.com/Articles/history/slaverycalifornia.html Wandering Lizard - "Slavery in California"]
* [http://www.pbs.org/wgbh/amex/goldrush/peopleevents/p_hill.html PBS: Slavery in the California Gold Rush]
* [http://www.newsreview.com/sacramento/Content?oid=oid%3A16199 Sacramento News Review - "Slavery: California's hidden sin", by Chrisanne Beckner]
* [http://www.sfmuseum.org/hist6/blackrights.html San Francisco Museum - "Negro Rights Activities in Gold Rush California", by Rudolph M. Lapp]